Trupiano v. United States, No. 427

CourtUnited States Supreme Court
Writing for the CourtMURPHY
Citation92 L.Ed. 1663,334 U.S. 699,68 S.Ct. 1229
PartiesTRUPIANO et al. v. UNITED STATES
Decision Date14 June 1948
Docket NumberNo. 427

334 U.S. 699
68 S.Ct. 1229
92 L.Ed. 1663
TRUPIANO et al.

v.

UNITED STATES.

No. 427.
Argued March 9, 1948.
Decided June 14, 1948.

Page 700

Mr. Frank G. Schlosser, of Hoboken, N.J., for petitioners.

Mr. Philip B. Perlman, Sol. Gen., of Washington, D.C., for respondent.

Mr. Justice MURPHY delivered the opinion of the Court.

This case adds another chapter to the body of law growing out of the Fourth Amdndment to the Constitution of the United States. That Amendment provides: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' In other words, the Fourth Amendment is a recognition of the fact that in this nation individual liberty depends in large part upon freedom from unreasonable intrusion by those in authority. It is the duty of this Court to give effect to that freedom.

Page 701

In January, 1946, the petitioners sought to lease part of the Kell farm in Monmouth County, New Jersey, and to erect a building thereon. Kell suspected that they intended to build and operate an illegal still. He accordingly reported the matter to the appropriate federal authority, the Alcohol Tax Unit of the Bureau of Internal Revenue. The federal agents told Kell to accept the proposition, provided he did nothing to entice or encourage the petitioners into going ahead with their plans and provided he kept the agents informed of all developments. Nilsen, one of the agents, was assigned in February to work on the farm in the desiguise of a 'dumb farm hand' and to accept work at the still if petitioners should offer it.

Toward the end of March, 1946, Kell agreed with petitioners to let them rent part of his farm for $300 a month. Kell and Nilsen assisted petitioners in the erection of the building, a roughly constructed barn about 200 yards from the Kell farmhouse. Nilson also assisted in the erection of the still and the vats.

Operation of the still began about May 13, 1946. Nilsen thereafter worked as 'mash man' at a salary of $100 a week, which he turned over to the Government. During this period he was in constant communication with his fellow agents. By prearrangement, he would meet one or more of the agents at various places within a few miles of the Kel farm; at these meetings 'the conversation would be about the still building I had assisted in erecting or about the illicit distillery that I was working at on the Kell farm.' On May 20 he met with one of his superior officers and gave him samples of alcohol, several sugar bags, a yeast wrapper and an empty five-gallon can which had been taken from the still premises.

On May 26 Nilsen received a two-way portable radio set from his superiors. He used this set to transmit frequent bulletins on the activities of the petitioners. On

Page 702

the basis of radio intelligence supplied by Nilsen, a truckload of alcohol was seized on May 31 about an hour after it had left the farm.

At about 9 p.m. in the evening of June 3, 1946, Nilsen radioed his superior that the still operators were awaiting the arrival of a load of sugar and that alcohol was to be taken from the farm when the sugar truck arrived. Nilsen apparently knew then that a raid was scheduled for that night, for he told Kell during the evening that 'tonight is the night.' He radioed at 11 p.m. that the truck had been delayed but that petitioners Roett and Antoniole were at the still.

Three federal agents then drove to within three miles of the farm, at which point they were met by Kell. The remainder of the distance was traversed in Kell's automobile. They arrived at the farm at about 11:45 p.m. The agents stated that the odor of fermenting mash ans the sound of a gasoline motor were noticeable as the car was driven onto the farm premises; the odor became stronger and the noise louder as they alighted from the car and approached the building containing the still. Van De Car, one of the agents, went around one end of the building. Looking through an open door into a dimly lighted interior he could see a still column, a boiler and gasoline pump in operation. He also saw Antoniole bending down near the pump. He entered the building and placed Antoniole under arrest. Thereupon he 'seized the illicit distillery.'

After this arrest and seizure, Van De Car looked about further and observed a large number of five-gallon cans which he later found to contain alcohol and some vats which contained fermenting mash. Another agent, Casey, testified that he could see several of these cans through the open door before he entered; he subsequently counted the cans and found that there were 262 of them. After he entered he saw the remainder of the distillery

Page 703

equipment, including four large mash vats. The third agent, Gettel, proceeded to a small truck standing in the yard and 'searched it thoroughly for papers and things of an evidentiary nature.' It does not appear whether he was successful in his search or whether he took anything from the truck.

A few minutes later Roett was arrested outside the building. Petitioners Trupiano and Riccardelli apparently were arrested later that night by other agents, the place and the circumstances not being revealed by the record before us. In addition, three other persons were arrested that night because of their connections with the illegal operations; one of them, who was unknown to Nilsen, was arrested when he arrived at the farm with a truck loaded with coke.

The agents engaged in this raid without securing a search warrant or warrants of arrest. It is undenied that they had more than adequate opportunity to obtain such warrants before the raid occurred, various federal judges and commissioners being readily available.

All of the persons arrested were charged with various violations of the Internal Revenue Code arising out of their ownership and operation of the distillery. Prior to the return of an indictment against them, the four petitioners filed in the District Court for the District of New Jersey a motion alleging that the federal agents had illegally seized 'a still, alcohol, mash and other equipment,' and asking that 'all such evidence' be excluded and suppressed at any trial and that 'all of the aforesaid property be returned. The District Court denied th motion after a hearing, holding that the seizure was reasonable and hence constitutional. 70 F.Supp. 764. The Circuit Court of Appeals for the Third Circuit affirmed per curiam the order of the District Court. 163 F.id 828. District Court. 163 F.2d 828. property was seized by federal agents without a search warrant under

Page 704

circumstances where such a warrant could easily have been obtained. The Government, however, claims that the failure to secure the warrant has no effect upon the validity of the seizure. Reference is made to the well established right of law enforcement officers to arrest without a warrant for a felony committed in their presence, Carroll v. United States, 267 U.S. 132, 156, 157, 45 S.Ct. 280, 286, 69 L.Ed. 543, 39 A.L.R. 790, a right said to be unaffected by the fact that there may have been adequate time to procure a warrant of arrest. Since one of the petitioners, Antoniole, was arrested while engaged in operating an illegal still in the presence of agents of the Alcohol Tax Unit, his arrest was valid under this view even though it occurred without the benefit of a warrant. And since this arrest was valid, the argument is made that the seizure of the contraband open to view at the time of the arrest was also lawful. Reliance is here placed on the long line of cases recognizing that an arresting officer may look around at the time of the arrest and seize those fruits and evidences of crime or those contraband articles which are in plain sight and in his immediate and discernible presence. Weeks v. United States, 232 U.S. 383, 392, 34 S.Ct. 341, 344, 58 L.Ed. 652, L.R.A.1915B, 834, Ann.Cas.1915C, 1177; Carroll v. United States, supra, 267 U.S. at page 158, 45 S.Ct. at page 287; Agnello v. United States, 269 U.S. 20, 30, 46 S.Ct. 4, 5, 70 L.Ed. 145, 51 A.L.R. 409; United States v. Lee, 274 U.S. 559, 563, 47 S.Ct. 746, 748, 71 L.Ed. 1202; Marron v. United States, 275 U.S. 192, 198, 199, 45 S.Ct. 74, 76, 77, 72 L.Ed. 231; Go-Bart Importing Co. v. United States, 282 U.S. 344, 358, 51 S.Ct. 153, 158, 75 L.Ed. 374; United States v. Lefkowitz, 285 U.S. 452, 465, 52 S.Ct. 420, 423, 76 L.Ed. 877, 82 A.L.R. 775; Harris v. United States, 331 U.S. 145, 150, 151, 67 S.Ct. 1098, 1101, 91 L.Ed. 1399.

We sustain the Government's contention that the arrest of Antoniole was valid. The federal agents had more than adequate cause, based upon the information supplied by Nilsen, to suspect that Antoniole was engaged in felonious activities on the farm premises. Acting on that suspicion, the agents went to the farm and entered onto the premises with the consent of Kell, the owner. There Antoniole was seen through an open doorway by one of the agents to be operating an illegal still, an act

Page 705

felonious in nature. His arrest was therefore valid on the theory that he was committing a felony in the discernible presence of an agent of the Alcohol Tax Unit, a peace officer of the United States. The absence of a warrant of arrest, even though there was sufficient time to obtain one, does not destroy the validity of an arrest under these circumstances. Warrants of arrest are designed to meet the dangers of unlimited and unreasonable arrests of persons who are not at the moment committing any crime. Those dangers, obviously, are not present where a felony plainly occurs before the eyes of an officer of the law at a place where he is lawfully present. Common sense then dictates that an arrest in that...

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428 practice notes
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...and United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653; compare also Harris, supra, with Trupiano v. United States, 334 U.S. 699, 68 S.Ct. 1229, 92 L.Ed. 1663, and Trupiano with Rabinowitz, supra (overruling Trupiano). Of these cases, Harris and Rabinowitz set by far the m......
  • People v. Superior Court for Alameda County
    • United States
    • California Court of Appeals
    • October 31, 1977
    ...passage of time within which a warrant might have been secured rendered the 8 a. m. search invalid. (See Trupiano v. United States (1948) 334 U.S. 699, 705-707, 68 S.Ct. 1229, 92 L.Ed. 1663.) In the cited case the officers knew of the illegal activity on the premises for three weeks precedi......
  • Elder v. Board of Medical Examiners
    • United States
    • California Court of Appeals
    • March 31, 1966
    ...required in order to validate the search and seizure of the incriminating evidence at the time of his arrest. Trupiano v. United States, 334 U.S. 699, 708, 68 S.Ct. 1229, 92 L.Ed. 1663. In United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653, it was held that a search of the......
  • State v. Miller, No. 10071
    • United States
    • Appellate Court of Connecticut
    • November 4, 1992
    ...229] far, the search may go no further. Chimel v. California [supra, 395 U.S. at 763, 89 S.Ct. at 2040]; Trupiano v. United States, 334 U.S. 699, 705, 708, 68 S.Ct. 1229, 1232, 1234, 92 L.Ed. 1663 (1948). Similarly we held in Terry v. Ohio, [supra], that a warrantless search in a 'stop and ......
  • Request a trial to view additional results
427 cases
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...and United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653; compare also Harris, supra, with Trupiano v. United States, 334 U.S. 699, 68 S.Ct. 1229, 92 L.Ed. 1663, and Trupiano with Rabinowitz, supra (overruling Trupiano). Of these cases, Harris and Rabinowitz set by far the m......
  • People v. Superior Court for Alameda County
    • United States
    • California Court of Appeals
    • October 31, 1977
    ...passage of time within which a warrant might have been secured rendered the 8 a. m. search invalid. (See Trupiano v. United States (1948) 334 U.S. 699, 705-707, 68 S.Ct. 1229, 92 L.Ed. 1663.) In the cited case the officers knew of the illegal activity on the premises for three weeks precedi......
  • Elder v. Board of Medical Examiners
    • United States
    • California Court of Appeals
    • March 31, 1966
    ...required in order to validate the search and seizure of the incriminating evidence at the time of his arrest. Trupiano v. United States, 334 U.S. 699, 708, 68 S.Ct. 1229, 92 L.Ed. 1663. In United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653, it was held that a search of the......
  • State v. Miller, No. 10071
    • United States
    • Appellate Court of Connecticut
    • November 4, 1992
    ...229] far, the search may go no further. Chimel v. California [supra, 395 U.S. at 763, 89 S.Ct. at 2040]; Trupiano v. United States, 334 U.S. 699, 705, 708, 68 S.Ct. 1229, 1232, 1234, 92 L.Ed. 1663 (1948). Similarly we held in Terry v. Ohio, [supra], that a warrantless search in a 'stop and ......
  • Request a trial to view additional results
1 books & journal articles
  • The Supreme Court as Protector of Civil Rights: Criminal Justice
    • United States
    • ANNALS of the American Academy of Political and Social Science, The Nbr. 275-1, May 1951
    • May 1, 1951
    ...45 Goldman v. United States, 316 U. S. 129 JJ., dissenting; Trupiano v. United States, (1942)-Murphy, J., dissenting, Jackson, J., 334 U. S. 699 (1948)—Vinson, C.J., Black, not participating. Reed, Burton, JJ., dissenting; McDonald v. 46 47 U.S.C. 605 (1934). United States, 335 U. S. ......

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